Sgt. Rick Stewart explains the workings of automated licence plate cameras, which scan and check the status of vehicle licences. B.C.'s privacy commissioner on Thursday said the Victoria Police Department's use of license plate scanning technology goes against privacy laws.

Photograph by: ian lindsay
, Vancouver Sun

Police departments in B.C. could be forced to change the way they use licence plate scanning technology after B.C.'s privacy commissioner said collecting the data on non-offenders violates privacy laws.

In a report Thursday, Commissioner Elizabeth Denham said that changes must be made to the Victoria police department's automated licence plate recognition program, after an investigation suggested the technology could be used as a surveillance tool.

The decision has implications for other agencies in B.C. that use the technology, including the Vancouver and Abbotsford police, and could lead to stricter laws to prevent police from keeping data on drivers with no criminal backgrounds or those under no suspicion.

At issue is the collection of non-hit data, or information collected that police have no reason to believe relates to criminal activity.

Using specialized cameras mounted to squad cars, Victoria police use the program to photograph and record licence plate numbers, including time and location.

The ALPR system compares this data to a database of plate numbers maintained by the RCMP called an "alert listing." An alert listing could include the licence plate numbers of stolen vehicles or vehicles whose owners are wanted for a crime.

A "hit" occurs when there is a match between a licence plate and the listing. If there is no match, the item is categorized as a "non-hit."

The data is transferred to the RCMP which deletes the data after 30 minutes.

The RCMP has been considering keeping non-hit data for a longer period of time.

But Denham said any extended use of that information would not be authorized under B.C. law.

And she concluded that sending the non-hit data to the RCMP is not in line with privacy laws.

"This information is not serving a law enforcement purpose and therefore, VicPD cannot disclose it to the RCMP," Denham said.

In a written statement, Supt. Denis Boucher, officer in charge of RCMP E Division Traffic Services, said the Denham report contains "inaccurate information in regards to the ALPR system which we will address with the privacy commissioner."

He maintained technology is a valuable public safety tool used to detect criminal activity that might go undetected.

Boucher said the non-hit data is "not used in any way, shape or form" and is deleted from the system as soon as the data is transferred to the RCMP server.

Const. Mike Russell, a spokesman for the Victoria police, said the information must go to the RCMP because it is on an encrypted device that can only be destroyed with the RCMP.

That is because the RCMP manages ALPR for all police in B.C.

"This allows us to have one single database in order to protect in the integrity of the information to ensure its proper access, use, retention and deletion," Boucher said.

Denham wants the ALPR system reconfigured so data can be deleted immediately after the system determines that it is not a match with the "alert" list.

"Collecting personal information for traffic enforcement and identifying stolen vehicles does not extend to retaining data on the law-abiding activities of citizens just in case it may be useful in the future," said Denham.

Denham's investigation began after three members of the public complained about the police use of ALPR and its potential use as a tracking tool.

Victoria police defended the use of ALPR, saying the force uses the technology to assist officers with maintaining public safety. "This technology is especially helpful in detecting prohibited drivers, uninsured vehicles and invalid license plates," Chief Jamie Graham said in a statement.

He said Victoria police transfer the data to the RCMP "for the sole purpose of its destruction."

A spokesman for the Vancouver police, Const. Brian Montague, said Vancouver police will review the commissioner's report before commenting further on whether police will stop handing over that information to the RCMP.

Abbotsford police, which uses one ALPR device, said it will consult with the RCMP on Denham's report, said spokesman Const. Ian MacDonald.

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